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Allahabad High Court Refuses To Entertain Plea Against Dalai Lama Over Land Held In Kushinagar
Upasna Agrawal
11 July 2023 1:45 PM GMT
The Allahabad High Court today refused to entertain a public interest litigation filed against Dalai Lama challenging the acquisition of a property in his name at Kushinagar district under Uttar Pradesh Revenue Code, 2006.The Petitioner, claiming to be a school teacher and an active member of Rotary Club Kushinagar, said she came to know about the land from a newspaper report. She then filed...
The Allahabad High Court today refused to entertain a public interest litigation filed against Dalai Lama challenging the acquisition of a property in his name at Kushinagar district under Uttar Pradesh Revenue Code, 2006.
The Petitioner, claiming to be a school teacher and an active member of Rotary Club Kushinagar, said she came to know about the land from a newspaper report. She then filed an RTI before the Ministry of Home Affairs to ascertain whether Dalai Lama is an Indian citizen, to which the answer was ‘No’.
Accordingly, the Petitioner contended that under Section 90 of the UP Revenue Code, 2006 read with Section 154A of U.P. Zamindari Abolition and Land Reforms Act, 1950, a foreign person cannot acquire ownership of property in India. He prayed that the said land be vested in the interest of public at large.
However, a bench comprising of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava orally observed that Section 90 of the 2006 Code has a proviso.
As per the provision, a foreign citizen can obtain rights to a property after obtaining written permission from the State Government. Since the petitioner could not show that prior permission was not taken from the State Government, the PIL was dismissed as withdrawn.
According to a local daily, the land in question was donated by the son of a follower to Dalai Lama. Registry was done in his name and agricultural tax was duly paid by him for the said property till 2010. Thereafter, the State Government exempted the farmers in the area from paying their tax dues.
Case Title: Smt. Shobha Singh v. Union of India & others 2023 LiveLaw (AB) 212 [PIL No. 1003 of 2023]
Case Citation: 2023 LiveLaw (AB) 212
Counsel For Petitioner: A.P. Singh, Hari Shankar Chaurasia
Counsel For Respondents: Purnendu Singh for Union of India, C.S.C.
